Part II

LUMP SUMS AND WIDOWS', SURVIVING CIVIL PARTNERS' AND CHILDREN'S PENSIONS

Lump sum on retirement or death.
17
1
Where a person on retirement becomes eligible for a pension for service in any judicial office, he may be granted a lump sum equal to twice the annual amount of that pension.
2
Where a person was serving in any judicial office at the time of his death and, if he had then retired on the ground of permanent infirmity, would have become eligible for a pension for that service, his legal personal representatives may be granted a lump sum equal to—
a
twice the annual amount of the pension for which he would have been so eligible, or
b
his last annual salary,
whichever is the greater.
2A
Subsection (2) does not apply where, at the date of the person’s death—
a
the person is a member of a scheme under section 1 of the Public Service Pensions Act 2013, and
b
a lump sum is payable under that scheme on the person’s death.
3
Where a person on retirement becomes eligible for a pension for service in any judicial office but dies so soon after that the sums paid or payable to him on account of that pension plus an amount equal to twice the annual amount of that pension fall short of his last annual salary for such service, his legal personal representatives may be granted a lump sum equal to the deficiency.
4
In relation to any office pensionable under section 12 above, any reference in this section to last annual salary is a reference to last annual remuneration apart from any allowances.
S. 17 (except subsections (2)(b) and (3)) extended by S.I. 1988/1418, arts. 3, 6 and by S.R. (N.I.) 1988/293, art. 6 Table
Word in s. 17(4) substituted (1.8.1998) by 1998 c. 8, ss. 1(2), 15, 16(3)(b), Sch. 1 para. 5; S.I. 1998/1658, art. 2(1), Sch. 1
Pt. II (ss. 16-29) modified (31.3.1995) by 1993 c. 8, s. 14(3), (with s. 1); S.I. 1995/631, art. 2
Pt. II (ss. 16-29) excluded (31.3.1995) by 1993 c. 8, s. 14(4), (with s. 1); S.I. 1995/631, art. 2
Pt. 2 title substituted (5.12.2005) by The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 (S.I. 2005/3325), art. 51
S. 17(2A) inserted (1.4.2015) by The Judicial Pensions Regulations 2015 (S.I. 2015/182), reg. 1(4), Sch. 3 para. 13(2) (with regs. 148, 160)